HOA pet restrictions

RogerL3 (North Carolina)
Posts: 6

Posted:

I have followed the line of comments regarding oversized pets but would like to know if any HOA Boards have dealt with a tenant/ owner who has taken the route to register his Rottweiler pup as a "Emotional Support Animal". They were well aware that our HOA Rules and Regulations state a restriction od a 30lb. limit but are trying to get around the rule. They had owned an older Rottweiler that was grandfathered in but they had to put the animal down and are now testing the Board as to whether we will insist. The registration papers have been sent to our attorney but I am curious about your experiences.

JanetB2 (Colorado)
Posts: 4,219

Posted:

We are not attorneys. It will be interesting to know what your attorney states as that is a sticky situation. If take to court I would flip a coin and do not like those odds. I like odds where I would have an estimated high probability of winning ... and as said this can be sticky situation. Was the previous same breed dog also classified as an "emotional support dog"?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Roger,

You very well may be correct that this is simply an attempt to circumvent the HOA rules/regs and exploit a loophole.

Regardless if you are correct or not, the Association must comply with the Fair Housing Act:

ubject: Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs FHEO Notice: FHEO-2013-01

FAQs on Emotional Support Animals

HOA boards should tread carefully on assistance animals 2015 article in the Charlotte Observer

PitA
Posts: 1,416

Posted:

Sample letter re: emotional support animal:

Sample letter for Companion Animal

As per: http://www.hud.gov/offices/fheo/PIRC/DocumentsAbstracts/Disability-Law-Center-R8/Letters/DLC-Animal-Letter/Sample-letter-for-Companion-Animal.doc

DATE

NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)
ADDRESS

Dear [HOUSING AUTHROITY/LANDLORD]:

[NAME OF TENANT] is my patient, and has been under my care since [DATE]. I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability. He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.

Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.

I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME]. Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal. Should you have additional question, please do not hesitate to contact me.

Sincerely,

Signature

[NAME OF PROFESSIONAL]

Simply request said letter to support their 'claim' ~ case closed.

TimB4 (Tennessee)
Posts: 21,059

Posted:

As was pointed out, the fact that the animal is registered as a series animal is not the same as having a need for a service animal. If all you received were registration papers you should ask for a statement from thier health care provider

TimB4 (Tennessee)
Posts: 21,059

Posted:

Err service animal (not series animal). Darn auto correct on the phone

SheliaH (Indiana)
Posts: 6,964

Posted:

How can this person be the owner and tenant for the same unit at the same time? If a tenant is doing all this, you should be dealing with the HOMEOWNER.

Regardless of who it is, I agree with you that this appears to be an end run around your rules. They knew about the rule when they had the first dog and if they really need an emotional support animal, I'm sure they can get one under 30 pounds (I've seen several on Animal Planet). I would definitely follow Tim's suggestion in getting a statement from this person's doctor regarding the medical necessity of this dog. I might also ask why this person was compelled to get a Rottweiler as opposed to, say a cocker spaniel (that would be interesting).

If, for some reason, this person manages to go to HUD or another government agency who agrees this animal is ok (Americans with Disabilities act and similar laws), make sure they comply with rules that all pet owners should be subject to - clean up after your pet, get its shots for rabies and what not, no roaming around off lease, etc. Consistent application of those regulations for all animals regardless of size should help everyone.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

CjS (Maryland)
Posts: 21

Posted:

Does it make a difference if it is owner occupied vs a rental? It seems from one of these links that it might if the owner owns less than three single family homes?

KerryL1 (California)
Posts: 14,550

Posted:

With Sheila, it seems to me the animal needs to be under 30 pounds; many serve or whatever dogs qualify. The Owner is the one the board needs to deal with.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By CjS on 02/17/2017 10:40 AM
Does it make a difference if it is owner occupied vs a rental? It seems from one of these links that it might if the owner owns less than three single family homes?

No - the CCRs have to be followed by everyone, regardless of status or how many units are owned. When it comes to rules enforcement, however, you have to lean on the owners, as they're association members not the tenant. The tenant is there because the owner rented out the home and the owner has all the rights and responsibilities of an association member. One of those is to be mindful of the conduct of his/her visitors, tenants, contractors or whoever comes to his/her home - if they damage or misuse the common areas or violate the rules, the owner is ultimately responsible for that conduct.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Yes, the owner always is responsible. This generally is spelled out in th governing documents of the HOA. In our case it's in the CC&Rs and also is repeated in the Rules & Regs.

PitA
Posts: 1,416

Posted:

PLEASE READ THE HUD SAMPLE LETTER

Quote:

Posted By PitA on 02/17/2017 5:54 AM
Sample letter re: emotional support animal:

Sample letter for Companion Animal

As per: http://www.hud.gov/offices/fheo/PIRC/DocumentsAbstracts/Disability-Law-Center-R8/Letters/DLC-Animal-Letter/Sample-letter-for-Companion-Animal.doc

DATE

NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)
ADDRESS

Dear [HOUSING AUTHROITY/LANDLORD]:

[NAME OF TENANT] is my patient, and has been under my care since [DATE]. I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability. He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.

Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.

I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME]. Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal. Should you have additional question, please do not hesitate to contact me.

Sincerely,

Signature

[NAME OF PROFESSIONAL]

Simply request said letter to support their 'claim' ~ case closed.

BobD4 (up north)
Posts: 1,002

Posted:

Quote:

Posted By RogerL3 on 02/16/2017 4:15 PM
. . . Rottweiler pup as a "Emotional Support Animal" . . . a 30lb. limit . . . The registration papers have been sent to our attorney but I am curious about your experiences.

RogerL3 : Your HOA attorney will guide you through this touchy subject. With voodoo Service Animal certificates available for sale, some jurisdictions have taken steps to TRY to address bogus claims.

This includes expressly legislating the credentialing of professionals purporting to make such recommendation.

Enough in my own jurisdiction - with some legal outcomes - to suggest one prudent management response :

to respectfully put onus on a disability claimant to bring credible professional evidence of a disability very expressly within contemplation of applicable law;

to respectfully next require credible professional evidence that some certified Service Animal is medically necessary for the applicant's specific challenge;

to respectfully next require credible professional evidence that not merely a certified Service Animal is medically necessary but one that exceeds the weight limit and addresses the medical challenge. Then that the proposed animal meets the criteria.

It is especially prudent to respect the confidentiality of applicants & take a high road in the face of those Directors & critics without the skillsets to recognize the pitfalls.

AmyA1 (Washington)
Posts: 101

Posted:

I would like to point out that there is no such thing as a universally or legally-recognized certification, registration or training standards for Service Dogs.

see Q17
https://www.ada.gov/regs2010/service_animal_qa.html

You can get a "certification or registration" from some organizations for a fee, but they do not mean anything. You can buy service dog patches too. There is even a sight that advertises "Take your dog everywhere - how to make your dog a service dog"

SheliaH (Indiana)
Posts: 6,964

Posted:

Good point. in fact, RogerL3 might want to do some research on the subject to find out the difference between a service dog and an “emotional support “animal. Start with contacting a local disability rights organization and perhaps the local humane society and then work with the Association attorney in crafting a policy on what the association will and will not accept and what homeowners are expected to do if they want an exemption to the 30 lb. weight limit.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius